§ 22-13. Refund of impact fees paid.

(a)

[Generally.] If a building permit or final development order expires or is canceled without commencement of the construction the owner of record shall be entitled to a refund, without interest, of the impact fee. The owner of record shall submit an application for the refund to the county manager, or designee, within one hundred eighty (180) days of the expiration of the permit or final development order. Failure to submit the application for refund within the time specified constitutes a waiver of any claim to such monies. Upon review of the completed application the county manager shall issue the refund if it is clear the building permit or final development order has expired without the commencement of construction.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following six (6) years from the date the impact fee or land dedication monies were paid shall, upon application of the owner of record, be returned to such owner of record without interest provided that the owner of record submits an application for a refund to the county manager or designee, and to the school board in the case of the educational impact fee, within one hundred eighty (180) days of the expiration of the six-year period. This six-year period may be extended by action of the board of county commissioners for up to an additional three (3) years. Failure to submit the application within the time specified herein constitutes a waiver of any claim to such monies. The board shall issue such refund if a determination is made that the impact fees were not expended or encumbered within the time specified.

(c)

In the event the owner of record demonstrates that the impact fees have been paid twice or that the impact fees have been calculated incorrectly, the owner of record shall submit an application for refund to the county manager or designee within three hundred sixty-five (365) days of the double payment or error date. The county manager shall issue such refund if a determination is made that the double payment or error was made on the impact fees. Failure to submit the application within the time specified herein constitutes a waiver of any claim to such monies. Double payment includes prepayment and payment at time of issuance of building permit, payment at time of issuance of building permit when a waiver of impact fees had previously been granted, etc.

(d)

In the event a new single family residence is constructed with impact fees being paid at the time of issuance of building permit, and title to such home is sold, conveyed or otherwise transferred to a person who would qualify for an impact fee waiver pursuant to Section 22-9, the county manager shall issue a refund to the qualifying individual if such person is the first person to reside in such residence and if application is made to the county manager within one hundred eighty (180) days from the date of such sale, conveyance or transfer.

(e)

Any refund approved pursuant to this section may be disbursed to someone other than the owner of record if the county manager is presented with a sworn, notarized affidavit from the owner of record stating that such money should be refunded to another person, with such persons name and address included therein.

(f)

An applicant for a refund the need for which has not been caused by county error shall be charged an administrative fee as set by the board of county commissioners by resolution. Refunds caused by failure of an applicant to claim credit for a prepayment, a concurrency payment, or a preexisting structure shall be charged an administrative fee. Refunds issued pursuant to subsection (d) above shall not be charged an administrative fee.

(g)

No refund shall be made of the administrative fee collected pursuant to section 22-16(a).

(Ord. No. 2007-60, § 1, 12-11-07)